Page 1. Report on the conduct of the Presidential Elections, 2015

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1 Page 1 Report on the conduct of the Presidential Elections, 2015

2 Page 2 Report on the conduct of the Presidential Elections, 2015

3 REPORT ON THE CONDUCT OF THE 2015 PRESIDENTIAL ELECTIONS Page 3

4 Page 4 Report on the conduct of the Presidential Elections, 2015 Contents The Mandate Introduction Legal Framework Calender of Events Electoral Areas Registration of Voters Nomination of Candidates Meetings with Political Parties The Campaign Campaign financing Staffing and training Security Voters Education Programme The Media Party Agents and Candidates Observers Complaints The Poll The Count and the Result Presidential Election-Results Results of the first Round The Second Round The results of the Presidential election Run-Off Cost of the Elections Observations, Proposals and Recommendations Voter Census Dispute mechanism Campaign Expenditure Transitional arrangements Code of conduct Media Commission Voter education Party Liaison Office space... 20

5 10. Results Electoral Commission Ballot papers Court petitions First petition Second petition Acknowledgement ANNEXURES ANNEX A CODE OF CONDUCT FOR ELECTION OBSERVERS IN SEYCHELLES ANNEX B Code of Conduct for Political Parties and Stakeholders ANNEX D Number of eligible voters by Electoral Area and gender, Page 5

6 REPORT ON THE CONDUCT OF THE 2015 PRESIDENTIAL ELECTIONS The Mandate The Electoral Commission came into being after the enactment of the 6th Amendment of the Constitution of Seychelles in July The Electoral Commission is constituted under Article 115 of the Constitution. The independence of the Commission is guaranteed under Article 115 (2) which states that the Electoral Commission shall not, in the performance of its functions, be subject to the direction or control of any person or authority. The Commission consists of a Chairman and four members who are appointed, for a term of 7 years, by the President selected from seven candidates of proven integrity and high repute, proposed by the Constitutional Appointments Authority. The functions of the Electoral Commission include the responsibility for the conduct and supervision of the registration of voters and of elections and referenda, review of the number and boundaries of electoral areas of Mahe and Praslin, review of the practices and working, including such matters as finance, broadcasting and advertising, of political campaigns in respect of elections and referenda, review of existing legislation governing electoral matters and making recommendations to the Government. 1. Introduction On the 1 st October 2015, President James Alix Michel under the 5 th amendment to the Constitution, Article 52A (2) declared his intention of appealing to the People for a mandate to hold office as the President of Seychelles appeal for, by an election, for a further term. Upon the making of the Proclamation under clause (2) the Electoral Commission is required to hold a presidential election. The 2015 Presidential Election was the sixth presidential election to be undertaken since the return to multi-party democracy in Seychelles and the enactment of the Constitution of the Third Republic on 21st June This is also the first Presidential Election to be done under the management of the Electoral Commission saw a change in the political landscape, with the registration of 3 new political parties and the participation of six presidential candidates for this election. As part of its mandate, following the 6th Amendment to the Constitution, the Electoral Commission conducted electoral reform involving all stakeholders and reviewed the electoral legislations which included the Elections Act, Political Parties (Registration and Regulations) Act and the Public Order Act. As per the requirements of Article 116 (1) (e) of the Constitution, the Electoral Commission submitted its recommendations to the Government on the 30th July By May 2015, a set of legal amendments were assented Page 6

7 in the Elections Act and Political Party (Registration and Regulations) Act. It is noted that a number of the recommendations submitted following the electoral reform exercise were not accepted by the Government. 1.1 This report is submitted in accordance with Article 116(2) of the Constitution of the Republic of Seychelles, which provides that the Electoral Commission shall submit, within 90 days after each election, to the National Assembly and the President a report of the conduct of :- (a) The political campaign leading up to the elections or referendum; and (b) The election or referendum, together with recommendations as the Commission may consider necessary for the purposes of ensuring true, fair and effective elections and referenda. 1.2 The Electoral Commission regrets the undue delay - in submission of this report, but this has been due to the fact that the Electoral Commission was involved and party to a number of court petitions (note some petitions are still for review by the Court of Appeal), Electoral Commission was awaiting observer reports (some of which were released after court rulings), annual voters registration, and preparation for the National Assembly elections which took place on 8-10 September Legal Framework 2.1 On the 1 st October 2015, President James Alix Michel announced his intention to seek another mandate under 5 th Amendment of the Constitution. The Electoral Commission deliberated on 2 nd October 2015 and declared that elections would take place from 19 th -21 st November However, some newly registered political parties indicated that they needed more time to prepare for the election. Their request was considered by the Electoral Commission and hence the election dates were moved to 3-5 th December The 2015 Presidential Elections were held under the provisions of the 1993 Constitution, as amended by Acts 7 of 1994, 5 and 19 of 1995, and 14 of 1996; the 1995 Elections Act as amended by Act 19 of 96, and April 2011, Act 8/2015, Act14/2015; and the Political Parties (Registration and Regulation) Act, 1991, as amended by Acts 4 of 1995, 12 of 1996, Act 26/2014 and Act 9 of Immediately after the announcement of the dates of the election, an advertisement stipulating the requirements for the post of Chief Electoral Officer and other Electoral Officials, was advertised in the press inviting citizens to apply for the posts. On 25 th July 2016 a Chief Electoral Officer was appointed as required under Section 3 (1) (B) of the Elections Act. Page 7

8 3. Calender of Events Report on the conduct of the Presidential Elections, By Gazette Notice the Electoral Commission appointed 11 th November 2015 as Nomination Day. 3.2 The Electoral Commission, by Gazette Notice appointed 3 rd, 4 th & 5 th December 2015 as the Election Date as follows: a) December 3 rd & 4 th, in respect of voters of all electoral areas who were on the outer islands. b) December 3 rd & 5 th, in respect of voters of all electoral areas on Mahe and Praslin other than those on the Outer Islands. c) December 3 rd, 4th & 5 th in respect of voters on the Inner Islands. 3.3 The Campaign period was from 11 th November 1 st December Electoral Areas The elections were contested in all the 25 electoral areas of Seychelles as defined in the Constitution of the Republic of Seychelles (Electoral areas - Mahe and Praslin) Order, 1996 and that of the Inner Islands (including La Digue). 5. Registration of Voters The amendment in the Elections Act 14/2015 provided for the registration to be a year round exercise from January to December during working hours in all the defined Registration Centres. The registers of voters were certified on 31 st March However, in an election year legal provision requires that a revised register is certified and used for the election. Under this provision, the registration exercise is closed when the election dates are announced, and re-opens when the election results are declared by the Electoral Commission. In respect of the Presidential election 2015 and in accordance with the Elections Act, the registration exercise was closed on 8 th October 2015, the date the Presidential Election was announced. Application to register as a voter is done at the Regional Centres by the appointed Registration Officers. All information received is verified at source by a Field Officer. On successfully being verified to the legal satisfaction of the Registration Officer all applicants have their names displayed in the Regional Centres during the first week of the subsequent month for objections to be made by any voter. If no objections are made than the applicant is informed that he/she has been registered as a voter in the electoral area he/she resides. Page 8

9 The amendment in the Elections Act had also abolished the automatic registration of those citizens turning 18 years old between 1 st April to 31 st March the following year. This required that all such citizens who had attained the age of 18 to personally apply to be registered as a voter in the electoral area he or she resides. All the political parties received a hard and digital copy of the registers of voters. Voters could check their registration details on their mobile phones by SMS or over the internet. The revised registers of voters were certified by the Chief Registration Officer on the 10 th November 2015 and consisted of eligible voters. These registers of voters were used to conduct the Presidential Elections Nomination of Candidates The nomination of candidates was held on 11 th November 2015 at the Election Headquarters (Exhibition Wing) of the National Library This was the first time a female candidate stood for the presidential elections and it was also the most competitive with six candidates presenting themselves successfully on Nomination day. These candidates were as follows in the order of the ballot papers:- James Michel Wavel Ramkalawan Patrick Pillay David Pierre Alexia Amesbury Phillip Boullé Parti Lepep Seychelles National Party Lalyans Seselwa Popular Democratic Movement Seychelles Party for Social Justice and Democracy Independent candidate In accordance with Sections 14 and 15 of the Elections Act, the submitted on a prescribed form which had to be supported by:- nominations 1. a deposit of R the endorsement of 500 voters Nominations were received by the Chief Electoral Officer and Chief Registration Officer. After clarification of certain minor queries, particularly with regard to names/national identity numbers of endorsers, all nominations were accepted. 7. Meetings with Political Parties The Electoral Commission held three meetings with representatives of the political parties. In addition, the secretariat also held various meetings with the representatives of the candidates. The purpose of these meetings was to discuss the logistics and other administrative matters for the elections in order to ensure the understanding, co-operation and agreement of all parties concerned regarding the smooth running of Page 9

10 the election processes, and to ensure that all contesting parties were given equal and equitable opportunities to contest the elections. Among the main items covered during the series of meetings held were:- a) Codes of Conduct for Political Parties and stakeholders (as adopted in the Presidential Elections, 2011). b) Party Political Broadcasts - procedures and arrangements. c) Political rallies and campaign advertisements d) Roles of Election Officials, Party Agents, Political Parties. e) Election procedures f) Selection of Election Officials g) Role of media h) Security arrangements i) Printing of Ballot papers j) Handling of complaints The Seychelles Broadcasting Corporation, the Police, Public Utilities Corporation (Electricity) and Land Transport Division were also represented at such meetings where issues concerning their portfolio were discussed. 8. The Campaign Pursuant to the provisions of the Elections Act, the campaign period of the election was between 11 th November to 2 nd December On the whole campaigning (including the use of billboards, posters, flyers, rallies, door to door, etc) was conducted in a calm manner. For the first time social media played an important role in campaigning and sharing of information, however the information put across on social media was not always correct and consequently led to a misuse of this medium. Whilst rallies were well organised with heavy participation from supporters, there was evidence and reports of excessive use of alcohol during the events. and alleged to have been provided by the organisers. The Public Order Act, which required political parties to request Police permission to hold public gatherings and rallies, was repealed after it was challenged in the Constitutional court where various sections of the act were found by the Constitutional Court to be unconstitutional. It was subsequently replaced with the Public Assembly Act, 2015 which practically included most of the recommendations made by the Electoral Commission following the electoral reform. The new Public Assembly Act only requires the Commissioner of Police to be informed rather than seek permission to hold election rallies and public gatherings. This allowed stakeholders to campaign more freely. The contesting Presidential candidates and political parties supporting them had equal access and equal time for political broadcasts over the Television and Radio as Page 10

11 per Section 97 of the Elections Act. The order of broadcasts was based on the results of a televised drawing of lots. All Candidates were each given free and equal air time, on television and radio, at the beginning and end of the campaign period. In addition to the broadcasts, each candidate was allowed an equal number of free spots on TV to promote their party and/or candidates. The parties were also allowed paid advertising for their meetings. Political parties having candidates contesting the election, were also given equal access and equal airtime, in accordance with Section 97 of the Elections Act for campaigning in support of their candidate. Under the code of conduct, as far as practicable, the Electoral Commission provided equal opportunities to the contesting parties as well as the implementation of certain restrictions to achieve a level playing field. Such measures included:- a) Ban on use of Government and Defence Forces vehicles for campaign and/or polling purposes. This ban is covered under Regulations SI 20 and 24 of 2006, article 2 (1) and (2). b) Ban on the setting up of check points/camps and distribution of refreshments on polling day. c) Provision of equal opportunity for publicity including allocation of specific areas for placement of posters and Billboards. d) Ban on use of loud hailers in pickup trucks and mobile phones in polling stations. In one occasion the Electoral Commission had to intervene to stop SBC from broadcasting, on the eve of the start of polling, an interview held with the then Speaker of the National Assembly. Whilst the content of the interview reflected a possible consequence of a change of leadership, it was felt that the timing of the broadcast was inappropriate as the other contestant would not have had the opportunity of responding to the views made in the interview. Page 11 9 Campaign financing The amendments of the Elections Act 2015, brought in campaign finance regulations, for the first time in our electoral history, which set a ceiling of SR 1,000,000 for Presidential Elections and any individual contributions of 5,000 SCR and above must be disclosed. The Act clearly states who cannot contribute to campaign financing of a candidate. These restriction apply to any foreign government, any foreign political party or faith based organisation, any public institution, or any organisation controlled or owned by the government, any private company performing a public function pursuant to an act, a person who is not tax compliant, any foreign individual or foreign entity and any trade union.. There is also a requirement for mandatory disclosure on the identity of donors to the Electoral Commission.

12 However, the Act would be more effective and the process more transparent if full disclosure of campaign financing by the candidates is made public and published accordingly. Regrettably the Elections Act under Section 94 (3B) and (3C) makes it a criminal offence should any member of the Electoral Commission disclose any information regarding campaign financing for a candidate in an election. During the Electioneering period and following the completion of the elections, all candidates are required to submit reports on the activity of their campaign financing. Whilst reports had been submitted, regrettably this has not been in accordance with the act. During the Electioneering period, no candidates submitted any report in accordance with the act. The management of non-reporting has been a serious challenge for the Electoral Commission. Needless to say there is a need to review campaign financing to enable all stakeholders comply. 10. Staffing and training To facilitate the smooth conduct of the Presidential elections, 537 persons, from both the public and private sector, were engaged on a temporary basis. These were comprised of: (a) 1 Chief Electoral Officer (b) 35 Electoral Officers 460 Assistant Electoral Officers (d) 40 Drivers and Helpers and Technical Staff 1 Chief Registration Officer Training of Staff was held by way of a series of meetings and practical exercises. The training covered all the legal, procedural and logistical aspects of the registration, nominations and polling for elections. Most of the personnel employed have had previous experience in elections and were considered competent to carry out their duties diligently and efficiently. Training sessions were also organised for electoral officers and deputies by the EC. It was clear from observation at polling stations that more such training would have been beneficial in ensuring consistency in practice across polling stations. 11. Security Meetings were held with the police to ensure the security of all the processes of the elections. Security in/at Polling Station and during transportation of ballot materials was provided by the Police. The Commissioner of Police provided a liaisons officer through which queries and concerns were made. Names and phone numbers of various Regional Police Page 12

13 Commanders were given for ease of contact should a necessity arise. These details were also given to the Presiding Officers of every electoral area. All staff was covered under a special insurance policy. 12. Voters Education Programme The Office of the Electoral Commission ran a series of voters education programme consisting of the production of TV and Radio spots as well as articles in the Nation. The programme focused on 3 main issues: - good governance, voting regulations and procedures. Special emphasis was placed on the voting procedures on polling day through a special production in collaboration with the Seychelles Broadcasting Corporation. Regrettably most of the programmes were broadcast outside prime airing time, and hence it was felt that better exposure could have benefitted the electorate if a change of timing of the broadcasts had been made. The matter had been raised with the CEO of SBC, but the Commission was advised that they also have a time constraint during the prime time. 13. The Media Progress reports on the arrangements and organisation of the elections were reported by the media; as well as pertinent matters relating to rules and regulations for the conduct of the elections. All parties and candidates were given equal access and equal time to express their views and promote themselves in accordance with Section 97 of the Elections Act. SBC retained editorial control on the party political broadcast. A security bond from each candidate was given to SBC to indemnify them in the event of any libel and/or defamation changes that may arise from such broadcast. However, reporting on the public media SBC, during campaign period included a considerable amount of coverage presented as news, of the incumbent party s and candidate s activities, compared to other parties and differing views were not sought from the opposing candidates. This was often construed by other contestants as an abuse of state media. On Election Day, SBC made extensive coverage of the proceedings up to the announcement of the results. Page 13

14 14. Party Agents and Candidates. Each contesting candidate appointed 5 agents per polling station. In accordance with Section 20, sub section (6) whilst a candidate may appoint more than one polling agent, only one agent per candidate is allowed in the polling station on a rotation basis. Likewise, the candidates were allowed free access to their respective polling station but they were under strict instructions not to interfere with the voting process. Minor complaints were received regarding the behaviour of the polling agents/candidates during polling. 15. Observers In addition to the two domestic observer groups, there was also a record presence of International Observers, namely:- The Commonwealth, La Francophonie/COI, SADC-ECF, SADC (SEOM), AU and The diplomatic missions attached to Seychelles. The domestic observers from Citizen Democracy Watch Seychelles (CDWS) and Association for Rights Information and Democracy (ARID) were accredited and also participated in observing the election. The Observers were guided by a Code of Conduct issued by the Electoral Commission. They all held independent discussions with the candidates, political parties, other stakeholders, and various related organisations and personalities. The Electoral Commission provided every possible assistance and co-operation in the fulfilment of the Observers mandate. It is to be noted that not all of the observer team had delivered their full report to the Electoral Commission. 16. Complaints During the course of the campaign period and on election days, a number of complaints/allegations were received from the contesting parties and candidates. There were some allegations of vote buying and inducement during the cooling off period and election days. The police did follow ups but it was difficult to get evidence of vote buying to substantiate the allegations. Page 14

15 However a few of such complaints were felt to be hearsay and/or unsubstantiated. On some occasions the International Observers investigated the complaints made but they advised after their investigation that they could not obtain the necessary evidence. All complaints received were sent to the Police for follow up and also to the respective party liaison officer against whom the complaints were made. Some of the complaints include accusations against party agents of buying identity cards of voters. Check points being installed on polling day offering money to induce voters to vote for a particular candidate. A number of such complaints were included in the petition filed in the Constitutional Court by Mr Wavel Ramkalawan after the election. 17. The Poll Polling took place on the 3 rd -5 th December On the 3 rd December 2015, in accordance with the Act, Voting facilities were made available as follows:- -for the incapacitated and elderly residing in the North East Point Home for the Elderly and Hospital, -voters temporarily residing on the Island of Praslin, and Inner Islands for employment reasons, (who were registered in electoral areas on Mahe); -voters who were registered in any electoral areas and employed in the essential services and who on the date of election were on duty away from their electoral area; -voters temporarily on Mahe, who were registered in any electoral areas other than those situated on Mahe, who on the date of the election, were away from their electoral areas. -voters travelling overseas on the main voting day On 3 rd & 4 th December 2015 voting facilities were set up on the islands of Farquhar, Assumption, Alphonse, D arros, Remire, Silhouette, Desroches, Platte, Coetivy, Bird, Denis and Fregate. The Electoral Officers were accompanied by party agents, police and where seats were available, international and domestic observers. With the valued assistance of I.D.C, Air Seychelles and the managers of these Islands, polling were carried out efficiently and as planned. Polling on Mahe, Praslin and La Digue were held on 5 th December The majority of the polling stations opened at the appointed time of 7 a.m. Long queues were noted from the opening of the poll and throughout the day. The 5 th December 2015 was observed as a public holiday. Page 15

16 A copy of all the particulars of voters who had voted on the 3 rd & 4 th December 2015 was made available to all the Electoral Officers, who distributed it to all polling agents before the opening of polls. Presiding officers were under instructions to call out, before the commencement of polling, the particulars of the voters who had already voted and the registers of voters in use for the polls were marked to eliminate the possibility of double voting. The calling of the particulars of voters, who had already voted at the special stations, on the morning of the poll on the main polling day, caused a delay in opening at a number of polling stations. This was a cause for grievance by the voters who had already queued up to vote since early morning. During the course of the poll on the main polling day, the designated Electoral Officer distributed, to the respective electoral areas, under police escort and in the presence of the candidates representatives, international and domestic observers, the votes, polled at all special stations for the past two days. Voting in all stations on the main polling day for the first round was slow in the early morning but improved as the day progressed. In most instances the polling agents of some of the candidates were not familiar with the process and often interrupted the process by requesting a repeat of the particulars of the voter, thus aggravating the situation. Although special arrangements were made for the incapacitated and the elderly, their movements also tended to slow down the flow of voters in a few polling stations on account of the higher number of such persons in those electoral areas. Difficulties were faced by the Electoral Officers as there were reports of subtle attempts by some of the witnesses to interfere with the voters to influence their decision. All the polling stations closed after 7 p.m. to allow voters in the queue at the time of close of poll to cast their votes. The mechanism for reporting anomalies in the polling station is through the Occurrence Book and overall, very few complaints were received regarding polling. Most of the electoral officials performed their duties in a fair and efficient manner. Generally the polling agents and voters were disciplined, peaceful and orderly. 18. The Count and the Result Page 16 Soon after the close of poll, the sorting, examination and counting of ballot papers started in the presence of party officials, candidates and Observers. The results were communicated by facsimile to the Elections Headquarters. The first result was received at the Electoral Commission Headquarters by 9 p.m. and continued until past 2am the following day. The results for the first round of the Presidential election were verified and aggregated by the Electoral Commission. All results were proclaimed at about 4.0 a.m. on the morning of 6 th December Regrettably in compiling the results, in the early morning of the 6 th December 2015, an error was made in the compilation of the results in one electoral area and as a consequence the votes polled by candidate

17 Mr Wavel Ramkalawan was erroneously allocated to candidate Mr David Pierre, which adversely affected the total votes polled for each candidate. The error was identified by Mr Wavel Ramkalawan as the results were being presented. However the error was marginal as no candidate received more than 50% of the votes cast. Consequently the date of the second round was announced with Mr. Michel and Mr. Ramkalawan as the contestants. The corrected results were gazetted. Below is a summary of the results, details of which are given in appendix C to the report. Presidential Election-Results No of eligible voters 70,934 Total vote cast: 62,004 Total rejected votes cast: 1,466 Total valid votes cast: 60,538 Results of the first Round Candidate Valid Votes % of total valid votes James Michel 28, % David Pierre % Patrick Pillay 8, % Wavel Ramkalawan 21, % Alexia Amesbury % Phillip Boule % Note: In accordance Schedule 3, (5) of the Constitution, no candidate obtained more than 50% of the valid votes cast, hence a second round was announced immediately after the declaration of the results on 6 th of December 2015, by the Electoral Commission to take place from 16 th -18 th December The Voters turnout was 87.41% of total voters registered. Page 17

18 The Second Round For the first time in our electoral history, Seychelles held run-off elections as no candidates obtained more than 50% plus one valid vote cast. Schedule 3 (8) of the Constitution provides that where in a presidential election no candidate receives more than 50% of the valid votes cast, then the two candidates with the highest number of votes shall take part in a subsequent ballot or run-off election. Furthermore, the Constitution requires that the election shall be held not less than 7 days and not more than 14 days after the previous ballot. Mr Michel (Lepep) and Mr Ramkalawan (SNP) contested the second round of the Presidential Election (16 th 18 th December 2015). Mr Ramkalawan obtained the support of the previous opposing candidates, namely; Mr Pillay, Mrs Amesbury and Mr Boulle. This was a daunting task of organising and executing an election within 14 days considering that the ballot papers had to be printed in South Africa. The Electoral Commission assessed its state of preparedness and immediately instituted the necessary administrative and logistical arrangements. The following were reviewed:- Most equipment and materials were available. The ballot papers were printed in South Africa in the presence of the two representatives of the candidates. In the first round it was noted that the process at the polling stations was delayed by polling agents who were not familiar with the process and repeatedly asked the electoral officer to repeat the particulars of the voter. In view of the delays and long queues experienced during the first round, it was agreed between the Electoral Commission and the candidates that for the second round certain particulars of the voters will not be called. The particulars omitted included the National Identity Number and the date of birth. Unfortunately this decision was severely criticised by the Constitutional Court as a non-compliance with section 25 (1) (b) (i) the Elections Act on each and every case where the full particulars of a voter were not called. Electoral staff, mainly additional callers, was increased in polling stations. Necessary transport arrangements were secured for voting facilities on the outlying islands The police provided the necessary security for the escort of the ballot boxes, crowd control, monitoring and investigating of complaints, and kept a visible but not intimidating presence. In view of the changes in the calling of the particulars of the voters, the poll progressed much faster than in the first round. Page 18

19 The results of the Presidential election Run-Off Candidate Valid Votes % of total valid votes James Michel 31, % Wavel Ramkalawan 31, % Mr James Michel was declared the winner. 19. Cost of the Elections The total cost of both rounds of the presidential elections amounted to R12,141, The accounts for the elections are kept and managed by the Ministry of Finance. 20. Observations, Proposals and Recommendations Page 19 Based on observations made on the comments of the international and domestic observers, EC s observations and suggestions received from stakeholders, the following legal matters need to be addressed in order to improve on the effectiveness of the electoral process to ensure the delivery of true, fair and effective elections in future, as stipulated in article 51 (6) of the Constitution:- 1. Voter Census Undertake a voter s census. 2. Dispute mechanism Formalise a dispute resolution mechanism and set up specialised tribunal and mediation bodies. 3. Campaign Expenditure Enforce the declaration of campaign expenditure and full disclosure and review the relevant laws to ensure public disclosure 4. Transitional arrangements Enactment of formalised transitional arrangements for a change in government. 5. Code of conduct Formalise / legalise code of conduct through regulations to ensure that action can be taken against offenders 6. Media Commission Strengthen and broaden the mandate of the Media Commission

20 7. Voter education Report on the conduct of the Presidential Elections, 2015 Improve voter and civic education. 8. Party Liaison Encourage inter-party dialogue to resolve differences and contentious issues 9. Office space It is essential to provide the Electoral Commission with adequate office accommodation conducive to performing its duties. 10. Results Review laws to announce results at polling stations 11. Electoral Commission Review the structure and operational procedures of the EC to ensure greater credibility, transparency and accountability in the delivery of its mandate 12. Ballot papers Consider placing serial numbers on the stub of ballot papers for better control and accountability. 21. Court petitions 1 First petition Following the loss at the poll, Mr Wavel Ramkalawan a candidate in the last Presidential elections filed two cases before the Constitutional Court. The first Petition challenged the Certificate of Election issued by the Electoral Commission after the second round, in that Mr James Michel did not receive more than fifty percent of the votes in the election and Mr Wavel Ramkalawan was also challenging the interpretation of the words votes cast and valid votes. The Constitutional Court in their judgment upheld the decision made by the Court of Appeal in the case of Popular Democratic Movement v Electoral Commission case no SCA 16 of 2011 on 12 September 2011 and found no merits in this first Petition and dismissed the Petition. Second petition The second Petition was in respect of non-compliance with the Elections Act by the Electoral Commission and illegal practice by Mr James Michel or his agents. The Constitutional Court found that in terms of the non-compliance by the Electoral Commission that although irregularities may have occurred and some unsatisfactory procedures were followed these did not flout the law, but rather the guidelines in the 1 Details of the judgment available on SEYLII website Page 20

21 handbook which were not enforceable by law. In each situation the Electoral Commission had provided to the court an acceptable explanation in response to the allegations and irregularities. The Constitutional Court was satisfied that the counting procedures although not always orthodox did not reveal any stray votes or evidence of stuffed ballots or any interference in the count amounting to affecting the result of the election. The Constitutional court did however find that the Chief Electoral Officer was far too lax in the execution of his duties and that the Electoral Commission did not satisfactorily execute its responsibilities. With regard to the illegal practices against Mr James Michel, the Constitutional Court found that the burden of proof to the standard required, had not been discharged. While in respect of the allegations of illegal practices by a number of persons, whom Mr Wavel Ramkalawan claimed they were agents of Mr James Michel, the Constitutional Court found that those allegations did not satisfy the test of agency to directly or indirectly link them to Mr James Michel. The Constitutional Court did however find that Mr Wavel Ramkalawan himself committed an illegal practice through his letter to the Tamil community. Mr Wavel Ramkalawan appealed against the judgment of the Constitutional Court against himself being found guilty of committing an illegal practice, and as Mr James Michel was not asking for the court to apply the penalty that goes with the offence committed, the Court of Appeal dismissed this matter. The other grounds of appeal raised by Mr Wavel Ramkalawan are against the interpretation of the words votes cast, the non-reconciliation of the register, the definition of agency and the alleged illegal practice committed by the other persons. The Court of Appeal will deliver its judgment on 9 December Acknowledgement The Electoral Commission would like to record deep appreciation to everyone who, in one way or another, contributed towards the successful execution of the elections. Special mention is made of: The People of Seychelles, The Political Parties and Candidates, The Chief Electoral Officer and his staff, The Chief Registration Officer and her staff, The Commissioner of Police, Air Seychelles, The Director General, DICT and staff, Island Development Company Ltd, Cable & Wireless (Seychelles) Ltd, Seychelles Broadcasting Corporation, and the media, The National Library management, The Observers, the Ministry of Education and Culture, The Ministry of Local Government, Youth & Sports. SLTA Page 21

22 ELECTORAL COMMISSION Dated this 2 nd December 2016 Page 22

23 ANNEXURES A. Code of Conduct for Observers B. Code of Conduct for Political Parties/Candidates C. Results of Presidential Election D. Number of eligible voters by Electoral Area and gender, 2015 (revised register) Page 23

24 ANNEX A Code of conduct for Observers CODE OF CONDUCT FOR ELECTION OBSERVERS IN SEYCHELLES Page 24

25 Page 25 Report on the conduct of the Presidential Elections, 2015 All observers are generally required to adhere to a code of conduct approved by the Electoral Commissioner of the Republic of Seychelles Observers: 1. Must familiarise themselves with the rules and regulations governing the elections; 1. Must carry the prescribed identification issued by the host government and will identify themselves immediately, whenever necessary and on request from the authorities; 2. Must introduce themselves to the election officials; 3. Should generally maintain a close liaison with the election management body; 4. Should display a high level of impartiality, independence, neutrality and objectivity in the conduct of their duties; 5. Must not display or wear any partisan symbols, colours or banners; 6. Must not impede or interfere in the electoral process, the polling day procedures or counting procedures; 7. Can bring problems and irregularities to the attention of the election officials, but must never give instructions or interfere with the discussions of the election officials or address problems themselves. Observers must refrain from giving advice unless requested to do so by the election officials; 8. Should bring any serious irregularities to the attention of Electoral Officer in charge of the Polling Station; 9. Must document their visits to the Polling and Counting Stations and report in an objective way. Observers must reach their judgements on the basis of the accuracy of information and objective analysis. Information should be first hand and verifiable if to be relied on. 10. Must refrain from issuing public statements about their observations and the electoral process; 11. Are obliged to report back on their observations and to participate in debriefings if requested; 12. Must comply with all national laws and regulations; 13. Must show respect for the people and culture of the country;

26 14. Must return all identification material issued by the Electoral Commission at the end of their mission; 15. Must refrain from announcing election results without the authority of the Electoral Commission. Page 26

27 ANNEX B Code of conduct for Political Parties/Candidates Page 27

28 Code of Conduct for Political Parties and Stakeholders The basis of the running of smooth elections involves the full participation of all stakeholders. A Code of Conduct for political parties was adopted for future elections. This Code applies to ALL participants: including political parties, candidates, agents, employers and supporters. Objectives 16. This Code of Conduct is aimed at ensuring the integrity of the electoral process and maintaining a peaceful atmosphere during an election or referendum campaign and on polling day. 17. The Code is conceived as a set of principles to be adhered to by ALL stakeholders and to be upheld in both spirit and letter. 18. The Code seeks to consolidate and reinforce the democratic culture in Seychelles and enhance the good reputation Seychelles has in the holding of fair, free and representative elections. 1. Stakeholders 1.1 Existing election laws and rules must be adhered to. 1.2 ALL political parties and candidates will have to extend all necessary help and cooperation to the law-enforcing authorities. 1.3 Everyone should be aware not only of his or her own rights, but should also respect the rights of others. 1.4 ALL political parties and candidates participating in the polls will endeavour to extend full co-operation to election officials so as to ensure their safety until the polls are over. 1.5 Election campaigns should be so organized that a congenial and peaceful atmosphere prevails during polling. 1.6 Nothing should be done that will create tension and disrupt the congenial atmosphere of the election. ALL parties shall exercise restraint in speech, manner and conduct, and show respect for the opinion of others so that electioneering does not turn into a war of words and confrontation. Page 28

29 1.7 It is expected that criticism of opponents will occur during electioneering. However, indecorous and provocative speeches, statements, posters, taunting, ridiculing and innuendos shall be avoided. Parties shall be careful so that behaviour, statements or comments do not cause unnecessary tension. 1.8 ALL political parties and candidates shall be vocal against violence. No party shall give indulgence to any kind of violent activity to demonstrate party strength or to prove supremacy. ALL political parties and candidates will extend cooperation to the law-enforcing agencies for recovery of illegal arms. No party will take any initiative for the release of any person arrested by the police, forcibly or with arms, during an election or referendum campaign or in the polling station during voting or in the vicinity of the polling station during polls. a. ALL political parties and candidates shall maintain a line of communication with their opponents so that the source of tension may be speedily addressed and diffused. b. ALL parties and candidates shall at all times maintain control over their supporters, members and agents. c. ALL parties and candidates must dissuade their agents and supporters from playing loud music around the polling station. d. ALL parties and candidates will have equal opportunity for publicity. Meetings, processions and other campaign activities of opponents cannot be interfered with. Posters and banners shall be displayed only in accordance with the Code of Conduct set out in the Schedule hereto. e. Assistance of the nearest law-enforcing agencies will have to be sought to resist and check any sort of election offence Any attempts to influence voting through money or allurement are election offences. Everyone should be aware of these offences No Government vehicle shall be used to carry voters to polling stations other than persons working for Government departments who are on duty or persons living in Government institutions. This rule does not apply to a person who has the use of a Government vehicle and the vehicle is used for self and family No Defence Force vehicles shall be used to carry voters, including Defence Force personnel, to polling stations Defence Force personnel shall not go to vote in uniform Political parties and candidates will not procure voters by forcible occupation of polling stations or through illegal activities in the polling stations. Page 29

30 1.19 No candidate or party can commit or give covertly or overtly any contribution, grant or favour to any individual, institution, body or organisation until election or referendum day for the purpose of election campaigning and obtaining votes The congenial and peaceful atmosphere for an election or a referendum cannot be disturbed by spreading untrue and motivated rumour or by having recourse to conspiracy No election camps, check points and refreshment stall shall be set up by political parties, candidates, their members and supporters. There shall be no campaigning of any sort either individually or collectively on polling day. District Administration Offices shall be closed on the day of the election or referendum. Voters must be left alone when queuing up so that they are not influenced in any way Where a voter is incapacitated by blindness or other physical cause or otherwise, he or she may ask the Electoral Officer to record his or her vote in the presence of a person selected by him or her. In those circumstances the Electoral Officer shall satisfy himself or herself that: (a) the voter is truly incapacitated as he or she claims to be; (b) that the person who is to witness the vote has been freely and genuinely chosen by the voter; and (c) that the vote expressed by the voter is free. In this respect the political parties shall not abuse this procedure to pressure incapacitated persons to vote in their favour In addition to election officials, only the voter is entitled to enter the polling stations. The political parties shall make sure that their workers do not enter the polling stations and loiter therein. Polling and counting agents will remain seated at their designated seats in the polling station and discharge their responsibility from there. No disruption shall be caused by the moving or changing of agents or any accredited persons No person shall, in a polling station or within a radius of 200 metres from a polling station, be allowed to wear or display any cloth, banner, insignia, logo, bill or board, indication, affiliation to or support for a registered political party. This does not extend to the wearing of any dress or clothes of a particular colour. A candidate may wear the party colour or badge. 2 Use of billboards 2.1 Any election or referendum notice, political advertisement or announcement shall be displayed only on billboards. Page 30

31 2.2 These billboards or hoardings will be erected only at certain specific places agreed upon by the Seychelles Land Transport Agency, Police (Traffic Section) and Planning Authority. 2.3 The Planning Authority, the Police (Traffic Section), the Seychelles Land Transport Agency, have agreed that the size of a billboard shall be 8ft.by 4ft. and a poster shall be of an A2 size glued on plywood or board of the same size to be affixed on a pole. Only one poster per candidate shall be affixed per pole. 2.4 The Seychelles Land Transport Agency has already erected some permanent billboards in Victoria. Only advertisements announcing local events such as educational, cultural, social or recreational and tourism promoting activities should be displayed on these boards. 2.5 Extra temporary billboards may be erected and allocated to the different political parties. 2.6 Billboards or posters shall be erected after 6.pm on Nomination Day. 2.7 All boards and political displays must be removed by the political parties as soon as possible, and in any case within fourteen days of the close of the poll in the election or referendum in accordance with regulation 13 (2) (b) of the Town and Country Planning (Control of Advertisements) Regulations, Cap Use of cloth banners. 3.1 Easily removable cloth banners should be utilized as much as possible instead of pasted posters. 3.2 Cloth banners shall not be utilized but where necessary shall be displayed upon approval by the authority concerned. This does not apply to temporary banners at rally sites. 3.3 All banners shall be removed as soon as possible and in any case within fourteen days after the election or referendum. 4 Use of paint. 4.1 There shall be a total ban on the use of paint (liquid and sprays) to write upon, mark or paint any slogan on any road, pavement, telephone or electric post, wall, fence, etc whether on public or private property. This is an offence punishable under Section 183 (j) of the Penal Code, Cap 73. Page 31

32 Page 32 Report on the conduct of the Presidential Elections, Electoral or referendum posters. 5.1 Electoral or referendum posters shall be affixed only on special boards erected for this purpose as set out in paragraph No poster or any other paper shall be pasted on any wall, building, road, pavement, telephone or electric poles, fence whether public or private property. This is an offence punishable under Section 183 (j) of the Penal Code, Cap Respect of others and their property. Political party members and supporters shall respect others and their property and shall refrain from causing damage to any property whether public or private. 7. Conduct and Proclamation The successful candidate in any victory must set the tone for peace and tranquillity. All others must be given the chance to air their views and not be shouted down. ALL CANDIDATES shall: - conduct themselves in such a way as to be magnanimous in victory and gracious in defeat - conduct themselves in such a manner as to preserve the integrity and safeguard the sincerity of the voting process. 8. Compliance and observance of the code (i) ALL participants proclaim their adherence to the principles and prescriptions contained in the Code and publicly commit themselves to adopt, promote and abide by the Code. (ii) ALL participants undertake to give wide publicity to the principles and prescription set out in the Code and the necessity to adhere thereto. 9 Master Register 9.1 For the Presidential Election ALL Presidential Candidates will be issued with a Master Register on Nomination Day. 9.2 For National Assembly Election ALL National Assembly Candidates will be issued with a register for the district that they represent. a. All registers will be provided FREE.

33 ANNEX C Results of the Presidential Election First Round elections, 3 rd -5 th December 2015 Second Round elections, 16 th -18 th December 2015 Page 33

34 Report on the conduct of the Presidential Elections, 2015 Page 34

35 Report on the conduct of the Presidential Elections, 2015 Page 35

36 ANNEX D Number of eligible voters by Electoral Area and gender, 2015 Page 36

37 Number of Eligible Voters by Electoral Area and gender, 2015 Electoral Area Female Male Total ANSE AUX PINS ANSE BOILEAU ANSE ETOILE ANSE ROYALE AUX CAP BAIE LAZARE BAIE STE. ANNE BEAU VALLON BEL AIR BEL OMBRE CASCADE ENGLISH RIVER GLACIS GRAND ANSE (M) GRAND ANSE (P) INNER ISLAND LES MAMELLES MONT BUXTON MONT FLEURI PLAISANCE POINTE LARUE PORT GLAUD ROCH CAIMON ST. LOUIS TAKAMAKA Total Note: Certified revised voters register for Presidential Election, 2015 Source: Office of the Electoral Commission Page 37

38 Page 38 Report on the conduct of the Presidential Elections, 2015

39 Page 39 Report on the conduct of the Presidential Elections, 2015